Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly

Title of bill

An act to amend the election law, in relation to the procedure to fill senate and assembly vacancies

Purpose or general idea of bill

This bill reforms the system of filling vacancies in the New York State legislature, by , implementing non-partisan special elections to replace the closed nomination process conducted by party committees.

Summary of specific provisions

Notwithstanding the provisions of subdivision one of this section, a vacancy in the office of the state senator or in the office of member of assembly required to be filled at the next general election shall be filled by popular election in the following manner: (a) Within three days of the occurrence of a vacancy, the governor shall make proclamation of a special non-partisan election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be forty-five days from the date of the proclamation. (b) All nominations for elections to fill vacancies held pursuant to this subdivision shall be by independent nominating petition, such petitions to be subject to the provisions of this article pertaining to independent nominations except as is otherwise set forth in this subdivision. The sheets of the independent nominating petition shall set forth in every instance the name of the signer, his or her address, town or city (except in the city of New York, the county), and the date the signature is fixed. Such petition shall be required to contain a designated number of signatures which shall be the lesser of five percent of votes cast in the last preceding gubernatorial election or one thousand five hundred signatures per petition for the office of state senator and seven hundred fifty signatures per petition for the office of member of assembly.

Justification

The current selection procedure for filling vacancies in the legislature restricts the participation of voters in the electoral process, thereby undermining democracy. Presently, in the event that there is a vacancy in the state legislature, the process of selecting a new representative does not permit real voter participation in a contested election. Rather, a committee filled with political insiders conducts a closed nomination meeting to determine what candidate obtains the party line, effectively guaranteeing election in many districts throughout New York State.

New York State's reelection rate ranks among the highest in the nation at 95 percent. Consequently, legislators elected through the current special election process are generally guaranteed a prolonged seat in office. In the New York State Assembly, a staggering 33 percent of legislators obtained office via a special election. Essentially, then, a significant number of legislators have been placed into office without the districts they serve being given a meaningful choice to fill the vacancy.

A fundamental tenet of our democracy is the accountability of elected officials to the public, best achieved through competitive elections. Under the current special election system, some legislators are more likely accountable to the party leaders and insiders who effectively place them into office. Reform of the vacancy fulfillment process through implementation of a non-partisan special election system will improve public accountability and reduce the influence of outside forces on the legislature.

Prior legislative history

New bill.

Fiscal implications for state & local governments

None

Effective date

This act shall take effect immediately.